[Introduced January 11, 2012; referred to the Committee on
Government Organization; and then to the Committee on Finance.]

____________

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2,
all relating to the creation of the Herbert Henderson Office
of Minority Affairs; establishing the powers and duties of the
office; requiring an executive director, staff and office;
requiring annual reports to the Governor and the Joint
Committee on Government and Finance; and creating a Minority
Affairs Fund.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5-26-1 and §5-26-2,
all to read as follows:

(a) There is created and established in the office of the
Governor the Herbert Henderson Office of Minority Affairs. The
office shall:

(1) Provide a forum for discussion of issues that affect the
state’s minorities;

(2) Identify and promote best practices in the provision of
programs and services to minorities;

(3) Review information and research that can inform state
policy as to the delivery of programs and services to minorities;

(4) Make recommendations in areas of policy and allocation of
resources;

(5) Pursuant to appropriation of the Legislature, award
grants, loans and loan guaranties for minority affairs programs and
activities in this state; and

(6) Provide recommendations to the Governor and the
Legislature regarding the most appropriate means to provide
programs and services to support minority groups in the state.

(b) The office shall report to the Governor and the Joint
Committee on Government and Finance in January, 2013,and each year
thereafter. The report may include, but is not limited to,
findings and recommendations regarding:

(1) The extent to which programs and services for minorities
are available in the state and to which funding for providing those
programs and services is available;

(2) The most appropriate means for the planning, delivery and
evaluation of existing and needed programs and services for
minority groups in the manner that best promotes diversity and
regional, cultural and ethnic sensitivity;

(3) Recommendations for the coordination of programs and
services to minority groups throughout the state and with those of
other states and the federal government;

(4) Identifications of governmental and private agencies,
offices, departments or other entities in existence or recommended
for creation that would, alone or in concert, most effectively
improve the delivery of programs and services to minority groups
throughout the state;

(5) Recommendations for changes to law that would facilitate
the achievement of the objectives of the office; and

(6) Such other matters as the office may determine appropriate
to its purposes.

(c) The Governor shall appoint an executive director of the
office to carry out its work and to oversee staff adequate to
fulfill its functions and shall provide funding and offices for
those purposes.

§5-26-2.Minority Affairs Fund created; purpose.

(a) There is created in the State Treasury a special revenue
fund named the “Minority Affairs Fund” which consists of all gifts,
grants, bequests, transfers, appropriations or other donations or
payments received by the Herbert Henderson Office of Minority
Affairs from any governmental entity or unit or any person, firm,
foundation or corporation for the purposes of this article and all
interest or other return earned from investment of the fund.
Expenditures from the fund shall be made by the Executive Director
of the Herbert Henderson Office of Minority Affairs to provide
matching funds to obtain federal funds for the delivery of programs
and services to minorities in this state, to award grants, loans
and loan guaranties for minority affairs programs and activities
and for performance of the duties of the office prescribed in this
article. Expenditures from the fund shall be for the purposes set
forth in this article and are not authorized from collections but
are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions of article two, chapter eleven-b of this code.

NOTE: The purpose of this bill is to create The Herbert
Henderson Office of Minority Affairs.

This article is new; therefore, strike-throughs and
underscoring have been omitted.